Mobley v. New Orleans & Northeastern Railroad
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. John L. Buckley, Judge. Suit by Will Mobley, a minor, by next friend, against the New Orleans and Northeastern Eailroad Company. From a judgment sustaining a demurrer to the declaration, plaintiff appeals.
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Appeal from the circuit court of Lauderdale county. Hon. John L. Buckley, Judge. Suit by Will Mobley, a minor, by next friend, against the New Orleans and Northeastern Eailroad Company. From a judgment sustaining a demurrer to the declaration, plaintiff appeals. The first count of the declaration, omitting formal parts, is as follows: “For that heretofore, to wit, on or about September 2, 1907, the plaintiff, a minor, was employed by the defendant railroad on its work train operating and working at and around the town of Picayune, in the state of Mississippi, and at nightfall, on said date…
1Opinion of the Court
Whitfield, C.
The demurrer to the declaration was general. The first count of the declaration states a good cause of action, as held in Hudson v. Mississippi R. R. Co., 95 Miss. 41, 48 South. 289.
It follows that the demurrer should have been overruled. Reversed and remanded.
Per Curiam. The above opinion is adopted as the opinion of the court, and, for the reasons therein indicated, the judgment is reversed, demurrer overruled, and the cause remanded.
2Cases cited1 opinion
- Hudson v. Mississippi Central RailroadMississippi Supreme Court · 1909
3Cited by1 opinion
- State v. Burleigh CountyNorth Dakota Supreme Court · 1927